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The Honorable Board of County Commissioners met this evening
at 6:00 p.m.with the following present: Roy W. Crow, Scott D. Livie, and
William W. Pickrum, presiding.
T. Edward Robinson, County Administrator, was also in attendance.
Minutes of the previous meeting were approved.
W. Roger Williams, Treasurer, reported a balance of $5,311,390.00.
Commissioner Pickrum extended gratitude and appreciation on behalf of
himself and his family for all of the expressions of sympathy and support
which were conveyed to the Pickrum Family to honor the memory of the life
of Emma Pickrum, the Commissioner's mother.
ABERDEEN PROVING GROUND
A copy of a press release, dated January 16th, was received and gave notice
that mustard agent containers were drained on January 15th following an
eight-week operational pause to examine and repair areas of the glove
boxes in which the draining takes place. The operational pause was initiated
after a low-level mustard vapor leak was detected on November 14th in
the glove box sump piping of one of the drain stations during the rinsing
of an agent container. The press release continues by indicating that
further examination of all three drain station glove boxes identified
some corrosion in the piping and in the glove box sump. Draining has resumed
in one drain station while repairs on the others are underway.
AIRPORT
Correspondence was received from Thomas A. Priscilla, Jr., Baltimore Metro
Engineer, Washington Airports District Office, Federal Aviation Administration,
regarding the Airport Capital Improvement Program (ACI) and the proposed
Kent County Airport. Mr. Priscilla's letter reports that his office is
in the process of considering input into the development of the ACI for
existing and proposed airport projects. In order to complete the effort,
they require of the County a response to their previous letter (dated
November 13, 2003) which outlined possible courses of action for the County
to consider in order to move the airport project forward.
Mr. Priscilla states that as the County considers its response, the following
factors must be included in the deliberations:
- The original Environmental Assessment (EA) resulted in a Finding of
No Significant Impact (FONSI) for the proposed action and was signed January
19, 1994 (A written reevaluation of that finding was completed on April
20, 2000.). Recent documentation has identified that the proposed action
is significantly different from that evaluated approximately 10 years
ago.
Further, the proposed action included certain elements, such as the draining
of ponds and impacts to wetlands, which several resource agencies had
objected to during the original EA. Additionally, the original EA and
subsequent reevaluation did not evaluate impacts to resource categories
regulated under existing laws, such as the Forest Conservation Act.
Therefore, the FAA has determined that a new EA, which evaluates the current
proposed action and current laws and regulations, is required.
- The period providing consultant services under the existing general
services agreement expires July 2004. At that time, the County will have
to solicit proposals to provide consultant services in accordance with
Advisory Circular 150/5100-14. Because the existing agreement expires
prior to the initiation of the new EA, the County must have the new consultant
designated prior to the start of that effort.
This correspondence will be further discussed with Jim Wright, County
Engineer.
BETTERTON ARK PROJECT
Linda Hall, President, and Judith Kohl, Vice-President, of the Betterton
Community Development Corporation (BCDC), appeared, as per the invitation
of the Commissioners, to provide more information concerning their "Save
the Betterton Ark!" project. The BCDC is applying for two grants from
the Maryland Historical Trust for Fiscal Year 2005: (1) The Capital grant
application requests funding for the stabilization and restoration of
the Betterton Fishing Ark (which was donated to the BCDC by a Betterton
property owner); (2) The Non-Capital grant requests funds for the development
of an educational presentation that will document the traditional techniques
used in the restoration of the Fishing Ark, and for the research and reenactment
of an "old fashioned" fish fry on Betterton Beach.
Mrs. Hall reviewed the history of the BCDC and outlined its activities.
She explained that a "fishing ark", or "fishing shanty," was built by
watermen, tugged behind fishing boats, and used as shelter. The Betterton
fishing ark is an original ark located currently in Betterton on Idlewild
Street and described as "deteriorating fast." As John Swain, shipwright
of the Sultana, was quoted as saying, it is important to restore this
particular ark, given the history that it represents, and because "there
are no others left." Mrs. Kohl reported that John Swain has offered his
assistance with this restoration project which will take place in the
Sultana boatyard located in Chestertown. Mrs. Kohl also reported that
a Betterton resident has volunteered to move the ark from Betterton to
the boatyard before Spring 2004. The total project would cost approximately
$55,000, funded, it is hoped, primarily through the said grants. The Capital
Grant from the Maryland Historical Trust, if approved, would be in the
amount of $50,000.
Ms. Hall and Ms. Kohl explained that, because few arks like the Betterton
Fishing Ark remain, they expressed their excitement about said project
and "see it as a way of developing community spirit while saving a piece
of Chesapeake Bay heritage."
The Board of Commissioners approved and signed the letters of support
and recommendation of the two grant applications.
BETTERTON BEACH
Commissioner Crow asked Mrs. Kohl to provide an update on the Betterton
Beach Condominium Association's efforts concerning the stabilization of
the Rigbie Bluff Condominiums in Betterton. Mrs. Kohl responded by saying
that the Association is addressing the issue by means of a three-pronged
project: (1) to re-direct the rainwater off the roof to the streets on
either side; (2) to re-direct the rainwater run-off in the parking lot;
and (3) replant the hill with water-loving plants.
Mr. Kohl was also in attendance and expressed the interest of the Condominium
Association in a variance from the Town of Betterton which he believes
would address the rainwater run-off in the road at the Bluff. Mrs. Kohl
concurred, expressing her opinion that the Condominium Association will
have to clarify to the Town of Betterton the Town's responsibilities in
this stabilization effort. The
Commissioners expressed their appreciation to Mr. and Mrs. Hall and Mr.
and Mrs. Kohl for their attendance and for their contributions to the
discussions.
BOARD OF EDUCATION (BOE)
Memorandum was received from Roger Williams, Treasurer, indicating that
he was requested by the Board of Education (BOE) to increase the amount
wired to them by $50,000.00. He advised that the County must replace the
original Electronic Transfer Request that authorizes Chesapeake Bank and
Trust Company to automatically transfer funds to the BOE bank account.
Mr. Williams reported that he signed the corrected electronic transfer
and included it with his letter for Commissioner Pickrum's signature.
Commissioner Pickrum, referring to this memorandum, emphasized that the
County's original request was that the electronic transfer of money be
in the amount that the BOE needs, and asked that this matter be addressed
by the Director of Budget and Accounting for clarification. No other action
was taken at this time.
Concerning the letter recently sent forth by the Commissioners to the
BOE that requested greater clarification of the sources of funds indicated
in the BOE's budget, Commissioner Crow asked if the County had received
a response, to which Mr. Robinson, County Administrator, indicated that
no response was yet received, and that a meeting of Budget and Accounting
and the BOE was still outstanding. Commissioner Crow asked that contact
be made with the BOE to schedule said meeting as soon as possible.
Correspondence was received from Paul W. Kelley, expressing his opinion
that the requested budgetary increases as proposed by Beatrice T. Fenner,
Principal, are, in his opinion, realistic and supported by documented
need. He also indicated that he has offered his assistance to support
the school.
BUILDING PERMIT
The Commissioners agreed to waive the fees for building permits as requested
by the Rev. William R. Bowen, Pastor of Gospel Holiness Chapel, Inc.,
as required of the congregation in order to begin the building-expansion
of their church facility.
CHESAPEAKE BAY
Electronic mail was received from Karen A. Smith, Esq., Director of Intergovernmental
Relations, Office of the Governor, pertaining to two of the Governor's
environmental legislative initiatives:
- Governor Ehrlich's Chesapeake Bay Watershed Restoration Fund - This
Fund, which will be administered by the Department of the Environment
(MDE), will create a dedicated fund to upgrade the 66 largest sewage treatment
plants, located in 23 jurisdictions around the State, to achieve state-of-the-art
nutrient removal. An environmental surcharge will be set at $2.50 per
month, per household, a surcharge on businesses will be based on the wastewater
they generate ($2.50 per month for every 250 gallons per day of discharge).
The design and construction of the upgrades for the first plants will
begin in 2005; the construction of all 66 major sewage treatment plants
can be initiated by 2009 and completed by 2011.
Commissioner Pickrum requested a copy of the list of municipalities which
would be affected by the surcharge.
- Governor Ehrlich's Chesapeake Bay Recovery Fund - This fund will enable
the Department of Natural Resources (DNR) to enter into agreements with
non-profit, public charities to solicit and manage private contributions
for large-scale Bay restoration projects, such as oyster restoration,
cover crops, and Bay grasses. Contributions will come from private investors,
corporations, foundations, and individuals.
COMMUNITY CENTER
At 7:30 p.m., the Commissioners held a work session with Jeff Troester,
Parks and Recreation Director, and Anne Livie, Local Management Board
Director, on the proposed Community Center project. Ms. Livie suggested
that an active project team be appointed involving the LMB, Parks and
Recreation Department, Board of Education, etc. to work on the design
phase. The Commissioners concurred and asked Mrs. Livie if she would spearhead
this project team. She agreed to give this request consideration.
The work session adjourned at 8:25 p.m.
COUNTY ROADS
Memorandum was received from Lee Myers, Administrative Aide, County Roads
Division, Public Works, with attached updated lists of all County roads
through January 2004.
DEPARTMENT OF WATER AND WASTEWATER SERVICES
Tolchester Service Area
The Board approved and signed a Public Works Agreement by and between
the County Commissioners and Peter and Katharine Svenson for a sewer allocation
on Map 35a, Parcels 90, 91,85, 84,and 83 in the Tolchester Service Area.
The Board approved and signed a Public Works Agreement by and between
the County Commissioners and Alan Todd Barnhardt and Laura Susan Barnhardt
for a sewer allocation on Map 35, Parcel 893 in the Tolchester Service
Area.
- Mr. Morris sent correspondence to Gerald Emerick, of Chestertown, regarding
his request for sewer allocations for Tax Map 35A, Parcel # 98 and Tax
Map 35 D, Parcel #'s 304, 305, and 306. Mr. Morris informed Mr. Emerick
of the sewer allocation moratorium in the Tolchester Sewerage Service
Area, effective December 9, 2003. Mr. Morris advised him that his request
is now on a list of allocation requests which will be reviewed after the
moratorium is terminated, will be reviewed in the order it was received.
Water and Sewer Rates
The Board approved payment in the amount of $4500 (within budget) to Municipal
and Financial Services Group for the development of additional revenue
requirement and rate design alternatives for the County's water and wastewater
systems as a result of the December 2 public hearing.
DEPARTMENT OF SOCIAL SERVICES
The Commissioners approved the request of Shirley C. Williams, Assistant
Director, Family Investment Programs, Kent County Department of Social
Services, regarding the Local Emergency Assistance Program (LEAP), that
the remainder of her department's Fiscal Year 2004 allocations in the
amount of $7,250.00 be disbursed, given that the balance of their funds
has been obligated.
In correspondence, Ms. Williams reported that her department was allocated
LEAP funding in the amount of $14,500 for Fiscal Year 2004, and that,
in July, they received one-half ($7,250) of their annual allocation. She
underscored the importance of LEAP as a resource aiding families in the
County in danger of eviction, utility cut-off, and who require financial
assistance for purchasing prescriptions and food. She listed the expenditure
of funds as follows: rent - $1,705; prescriptions - $1,983; food - $482;
electric - $251; and water - $130.
EMERGENCY MANAGEMENT
Correspondence was received from Robert B. Rust, Jr., Director Emergency
Management Agency, sent to Donald "Doc" Lumpkins, Domestic Preparedness
Manager, Maryland Emergency Management Agency (MEMA), requesting Mr. Lumpkins'
concurrence with using a major portion of both current (FY'03, Phase II)
and future homeland security grants for communications interoperability.
Mr. Rust indicated that this concurrence will enable the County to partner
with the State 700 MHz Tower Network by placing antennas at an acceptable
height. This would also, he conveyed, result in better public safety radio
coverage within the County and neighboring jurisdictions.
HOUSING IMPROVEMENT PROGRAM
As requested by Jack Canan, Housing and Community Development Coordinator,
the Board approved and signed an "Anti-Displacement Plan" for the Housing
Improvement Program Project.
LA MOTTE PARK STUDY COMMITTEE
Jeff Troester, Director of Parks and Recreation, and President of the
LaMotte Park Study Committee, appeared and presented the "Analysis and
Recommendations" of the Study Committee (dated January 20, 2004). With
Mr. Troester, the following members of the Committee were also in attendance:
Marsha Fritz, member of the Chestertown Planning Commission, Dr. Eileen
McClellan, Chester River Association Riverkeeper, Andrew C. Bradley, business
owner and potential property owner, William Sutton, member of the Kent
County Planning Commission, and D. Miles Barnard, Landscape Architect.
Other members not in attendance are: Harrison C. "Jim" Bristoll, Jr.,
Chestertown Town Councilman, Sandra Edwards, Eastern Shore Land Conservancy-Land
Protection Specialist, and Joe L. Holt, Washington College-Executive Vice
President of Administration.
Mr. Troester began his presentation by expressing the extreme pleasure
of the Study Committee to present their Report, that their discussions
and preparation of the Report were enjoyable and educational. In addition
to his commendation of all of the members of the Committee, Mr. Troester
also cited the contributions of Congressman Wayne Gilchrest and P.A.M.
Schaller, Director of Economic Development.
Mr. Troester read the following, quoted from the "Executive Summary" of
the Report, which, as he explained, summarizes the focus of the Study
Committee's work:
Purchasing the LaMotte property is a bold gesture by the County Commissioners.
It signals their belief that our community must plan its future and that
this site is crucial to our success. Careful and forward looking management
of this site will have lasting effects, including an enhanced business
climate, environmental benefits with cleaner water flowing into Radcliffe
Creek and improved vehicular and pedestrian circulation at this crucial
intersection. Opportunities clearly exist to support our tourism initiatives
by enhancing our National scenic byways and to encourage passive recreation
with a pond visited by wildlife and an attractive walkway along the old
railroad. Less obvious but equally important, is the chance for the County
to set a high standard for development and, in so doing, protect a viewscape
valued by our County's citizens.
The Committee's Report projects for the property the construction of a
multi-use complex of buildings, inclusive of a professional/corporate
campus, low-impact retail, possibly a family-friendly restaurant, educational
facilities and facilities to accommodate conferences. Mr. Troester reported
that the Study Committee held discussions with several potential developers,
all of whom recommended the types of design and building-use that would
"add value" to the property, for example stormwater management and wildlife
refuge, and the improvement of water quality in Radcliffe Creek. He further
indicated that it is the hope of the Study Committee that a designated
project design, having received the blessing of the County and of the
Town of Chestertown, be presented as "a package ready to go and handed
to a developer."
Commissioner Pickrum suggested creating a development corporation to function
as the project design team, to which some of the Study Committee members
responded that they were not sure of the benefit of such a corporation
to the project. Noting that the Town of Chestertown is in the midst of
compiling its Comprehensive Plan, Marsha Fritz advised that the initial
step to the design process be an approach called "concept approval." In
other words, a design process should initially determine a compromise
which meets the criteria of all the respective regulating bodies (e.g.
the Town Planners of Chestertown, the County, etc.), the various needs
of potential users, and the site itself, before any money be spent on
the project.
Concerning the existing pond on the property site, Commissioner Pickrum
inquired as to how much acreage is represented by the pond, to which Dr.
McClellan reported that the pond is currently "not functioning well" and,
along with its slopes, requires much engineering for it to become a benefit
to the wildlife and viewscape.
Expressing the sentiments of the entire Board, Commissioner Livie expressed
his excitement about the project and the contents of the "Analysis and
Recommendations." He further indicated his belief that this project will
represent one of the key accomplishments on the current decade, and given
its location at the "gateway" to the County, the appearance and functioning
of the completed project will be a symbol to the public of "who we are"
as citizens of this County.
Commissioner Pickrum concurred and expressed the appreciation of the Board
to the members of the Study Committee for all of the time and effort they
extended to the Report.
Andrew Bradley praised the Commissioners' selection of the members to
serve on the Study Committee, indicating his opinion that it represents
a "good cross section of people." Commissioner Livie affirming the individuals
on the Study Committee, expressed his hope that the members of the Study
Committee would be willing to continue to contribute to the progress of
the project. The members who were present indicated their interest to
continue to participate and expressed the importance of cooperation between
the County and the Town of Chestertown. William Sutton added his opinion
that "the skies the limit; great things can be done" concerning the LaMotte
property project.
Commissioner Livie assured the Study Committee that the Board will eagerly
and carefully study the "Analysis and Recommendations"and requested a
time to schedule for the next meeting to determine a timetable and immediate
steps to take next. It was decided to meet again in three weeks
LEGAL COUNSEL
At 6:00 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Susanne Hayman, County Attorney, for legal counsel in accordance
with State Government Article, Section 10.508 of the Annotated Code of
Maryland.
The executive session adjourned at 6:07 p.m.
MARYLAND ASSOCIATION OF COUNTIES
Commissioner Crow has been appointed on the Maryland Association of Counties
(MACo) Tax Committee.
PARKS AND RECREATION
Correspondence was received from David D. Hyman, Cruise Captain, on behalf
of the Columbia Sailing Association, requesting that the fee associated
with the use of Turners Creek Pavilion be waived ($200.00) for the occasion
of the Epilepsy Benefit Regatta which the Association sponsors annually.
(This request was later withdrawn.)
Discussion ensued with Jeff Troester, Director of Parks and Recreation,
about requests for waivers of rental fees from various organizations for
the use of County facilities as the site for the organizations' fund-raising
activities. The Commissioners concurred with the current County policy
that there be no waiver of fees for organizations requesting the use of
County facilities for the purpose of fund-raising. Mr. Troester explained
that there are outstanding expenses, over and above the $200.00 rental
fee, to the County for the clean-up and maintenance of County facilities
following said events.
Commissioner Livie requested that a letter go forth to organizations who
request a waiver, providing clarification and explanation for the "no
waiver" policy concerning the rental of County facilities as reviewed
by Mr. Troester.
PERSONNEL
At 5:35 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session to discuss personnel matters in accordance with State Government
Article, Section 10.508 of the Annotated Code of Maryland.
Susanne Hayman, Human Resources Director, was also in attendance.
The executive session adjourned at 6:00 p.m.
At 8:25 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session to discuss personnel matters in accordance with State Government
Article, Section 10.508 of the Annotated Code of Maryland.
Susanne Hayman, Human Resources Director, was also in attendance. The
executive session adjourned at 8:55 p.m.
RAFFLE PERMIT
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to approve the application
for a Combination Multiple Gaming Device/Raffle Permit for the Kent County
Jaycees for their fund-raising event to take place at the Chestertown
Fire Hall on March 6, 2004, 7:00 p.m. to 12:00 a.m.
UNION UNITED METHODIST CHURCH
The Commissioners denied the request of Crystal R. Jones, writing on behalf
of the Chairperson of the Trustees of Union United Methodist Church in
Coleman, for a waiver to the requirement for an architect seal on the
plans for a ramp for the disabled at said church. Susanne Hayman, County
Attorney, was present and indicated that because the architect's seal
is a requirement of the State, the Board would not be authorized to consider
this request.
UPPER SHORE AGING (USA)
U-STAR TRANSPORTATION
Correspondence was received from Carl E. Burke, Executive Director, USA,
requesting the an informal meeting with the Commissioners and their counterparts
in Talbot and Caroline Counties for the purpose of gathering information
that will help the agency for the future as it relates to transportation
issues.
Correspondence was received, sent from Charles C. Cawley, County Administrator,
Caroline County, to Lenny Howard, regarding the renovations/additions
to the regional transportation/U-STAR facility located in Denton. Mr.
Cawley indicated that he had requested, in the early phases of the project,
that Mr. Howard reduce the cost of renovations to $1 Million, considered
by Mr. Cawley to be a "reasonable amount for the number of vehicles utilized
at the facility." Further, Mr. Cawley reported that Mr. Howard disregarded
this request, proceeding to present renovations of over $2 Million. Conveying
the opinion of the Counties of Caroline, Kent, and Talbot, Mr. Cawley
described this cost to benefit ratio as "outrageous," and that all three
Counties will not fund their share of the proposed renovations/additions.
Also, he affirmed that the three Counties' plan is to continue to operate
a regional transportation entity out of the facility as it currently exists.
In reference to said correspondence, Commissioner Crow inquired whether
or not there was any more current updates on the status of the Denton
facility, to which Mr. Robinson indicated that there was no further updated
information available.
Correspondence was received, sent to Lenny Howard, Chief of Regional Planning,
Maryland Transit Administration, from Philip Carey Foster, President,
County Council of Talbot County, advising that the Talbot County Council
received Mr. Howard's letter (dated December 4, 2003) in which he requested
the Council's support for the U-STAR facility in Denton. Mr. Foster advised
that the Talbot County Council is not in support of the continuation of
the U-STAR facility in Denton and, therefore, will not be appropriating
any local funding for that project.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, January 27, 2004.
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Executive Assistant
Approved: William W. Pickrum, President
Please contact Ileana Lindstrom or Janice Fletcher at (410)
778-7435 or by e-mail with
any questions or comments.
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